Luke GARDINER

                   Notes:
Gardner, Luke, St Mary's Co, 4th Dec,1673; 12th Aug, 1674.
To wife Eliza: execx, home plantation.
" eld. son Richard and hrs, "Barberton Manor," Chas. Co.
" next son John and hrs, part of "St John's,"
To son Luke and hrs, 300 A. of "St John's," "Hillilee," "Gardner's Land," St Mary's Co, and "Grimditch" Chas. Co.
" young. son Thomas and hrs, 800 A. on Piscataway Ck, adjoining brother-in-law Zacharay Wade's.
Child. to be of age at 18 yrs.
In event of death of any child or child. without hrs, survivors to inherit deceased's portion. Should all die without hrs, wife Eliza: to inherit all real estate; residue of personalty to be for the Roman Catholic Church and the poor. In event of death of wife and child. without hrs, land afsd. to pass to child. of brother-in-law Major Thomas Brooke, and ½ of personalty to goddau. Mary Brooke.
Test: Robt. Carvile, Clement Smith, Eliza: Rider, Richard Lanckford. 1. 631.

Capt.  Luke Gardner  1.148  I SM  #28645 (among entries for Nov-Dec 1674)
Appraisers: Thomas Brooke, Zachary Wade, Chanreell Henson.

Capt. Luke Gardner  1.148  I SM  #28645 (among entries for 1674)
Appraisers: Thomas Brooke, Zachary Wade, Chanreell Henson.

Capt. Luke Gardner  1.111  I SM  #123233 (among entries for 1674)
Servants mentioned  (at estate): John Singwell, Richard Lanck, William Hunter (aged 5 years), Elisabeth Cooke.
Servants mentioned (at St Clement's Island), Owen Noone, James French, William Walker (boy), Paul Pea (boy).
Servants mentioned (at St John's Quarter): James Moody.
Appraisers: Thomas Brooke, Zacharias Wade, William Hatton, Randolph Henson,
List of debts: Mr. Daniell Clarke, Mr. Robertt Toat, William Simpson, Mr. John Shanks, John Standley, Mr. George Tule, Francis Johnson, John Elms.
List of bad debts:  Thomas Cakly, Dennis Madear, Mathew Smith and Thomas Pritchett, Bartholomew Slaghter, Thomas Waters, George Bancks, Robertt Sampson.
List of debts due by account: John Standley, Mr. John Shancks, Richard Hort, William Simpson, Thomas Davis, Joseph Furnell, John Robisson, Thomas Oably, Secretary Calvert, William Cole, Joseph Fowler, Edward Williams, Edward Connery, Justinian Tennisson, estate of William Cole and Edward Cole, William Fletcher, Robertt Solomon.
Administratrix: ---- (relict, name not given).

Luke and his father Richard, appear to have spent time in Old Rappahanock Co, VA before moving to St Mary's County, MD according to the Combs researchers.

Immigrated from England on ship Unity

Luke GARDINER
Sex: M
Birth: 1622 in Woodperry, Oxfordshire, England
Death: 1674 in Canoe neck, Oakley, St Mary's Co, MD
Father: Richard of MAYFLOWER GARDINER b: 29 APR 1592 in Basing, Peckham, Surrey, England
Mother: Elizabeth HAME b: abt 1590 in England
Marriage 1 Elizabeth HATTON
married: 1649 in St Richard's Manor, Mattapony Hundred, St Mary's Co, MD
John GARDINER
Sex: M
Birth: 1633 in Surrey, England
Death: 1645 in St Richard's Manor, Mattapony Hundred, St Mary's Co, MD
Father: Richard of MAYFLOWER GARDINER b: 29 APR 1592 in Basing, Peckham, Surrey, England
Mother: Elizabeth HAME b: abt 1590 in England
Richard GARDINER
Sex: M
Birth: 1616 in Surrey, England
Death: 15 JAN 1693 in Margary, Calvert Co, MD
Father: Richard of MAYFLOWER GARDINER b: 29 APR 1592 in Basing, Peckham, Surrey, England
Mother: Elizabeth HAME b: abt 1590 in England
Marriage 1 Margary MAINWARING b: abt 1635 in England
married: abt 1653 in Calvert Co, MD
Children
Mary GARDINER b: abt 1653 in Calvert Co, MD
Julianna GARDINER b: 1654 in Charlotte Hall, St Mary's Co, MD

COURT CASE concerning Luke Gardiner, 1654, St Mary's Co., MD. "Whereas I am given to understand that Luke Gardiner doth in a uncivil refractory insolent manner detain at his house one Eleanor Hatton, a young girl daughter to the wife of Lieutenant Richard Bankes and niece to Mr. Thomas Hatton, his Ldps Secretary endeavoring (as is probably suspected) to train her up in the Roman Catholic religion contrary to the mind and will of her said mother and uncle who have often demanded her of the said LUKE, who refuseth to return her to either of them. Standing upon an audacious pemptory terms, the said girl being by her father (brother to the said Mr. Hatton) a little before his  death recommended to the care and tuition of her said uncle, who had been a great charge about her transportation and otherwise as he can make appear, the which unsufferable dealing of the said Luke Gardiner is (as I apprehend) not only a great affront to the Government and an injury to the girl's mother and uncle, but likewise of very dangerous and destructive consequence in realcon to the peace and welfare of this province. These are therefore in the Lord's Proper Name to authorize and require the said Lieutenant Richard Bankes, Commander of Newtowne hundred either by himself or together with such other of the inhabitants of this Province whom he shall require for his assistance herein (and who are  hereby required to be aiding and assisting to him upon this occasion as they will answer the contrary) by force of arms or otherwise as he shall see cause to seize upon the person of the said Eleanor Hatton, and to bring her before me and the counsel at St Mary's to  be disposed of as shall be fit, and in case of  her concealment to search the house of the said, Luke Gardiner, of any other place within this Province where he the said, Lt. Bankes, shall suspect she may be hidden so as she may be produced for the purpose aforesaid. As also to arrest the said Luke Gardiner and to bring him likewise before me and the counsel to answer unto such things as shall be objected against him by the said Mr. Hatton either as Attorney General for his Ldps or on his own behalf and to stand to the abide the order of court thereupon hereof you are not to fail. Given at St Mary's, this 3rd day of April 1654. Signed William Stone

St Mary's County
Province of MD
December 4, 1673
Will of Luke Gardner
In the name of God amen.
I Luke Gardner of St Mary's County in the province of MD and being in perfect health and memory (thanks be to God) but yet calling to mind the uncertain condition of this trasitory life do make ordain and declare this my last will and testament by these presents-revoaking annulling and makeing void all wills by me formerly made whiter by word of mouth or in-writeing. Imprimis I give and bequeath my soul into the hands of Allmighty God that gave itt, and my Body to be decently buried in the earth according to the ceremonies of the Holy Roman Catholic Church believeing assuredly that I shall be saved by the morits death and possession of my redeemer and saviour Jesus Christ and that at the genl day of judgement my sould shall be united with joy eternally to possess the tKingdom of heaven prepared for the ----------- chosen of Almight God Item my will is that all those debts and duties that I owe in right or conscience to any person or persons whatsoever be well and truly satisfied and paid ordered to be paid in convenient time after my de (death?) Item I give and bequeath unto the Pastor of the Church at Newtown one thousand pounds of Tobacco, four hundred pounds of Tobacco and unto the Pastor living at the Gov'rs by name Mr Massey four hundred pounds of tobacco and unto Mr Careco living at the Chancellors found hundred pounds of Tobacco in token that I dye a Roman Catholique and ------------- the prayers of the holy Roman Catholick Church. Item I give and bequeath unto my everloving wife Elizabeth Gardiner my plantation and housing and all that tract of land of mine at Camoe Neck forever and St Clements Iland the term of time that I have at my decease in it. I give and bequeath to my son Richard Gardner all that tract of land lying on the northside of Piscadaway creek in Charles County called by the name of Barberton Manno and with all the houseing theron to him and his heirs for ever and likewise one of my horses the which my said son Richard Gardner shall chose out of all my stock of horses to him forever-Item I give and bequeath unto my next eldest son John Gardner all that houseing and land of mine lying in the woods in St Mary's County called St John's to him and his heirs forever. Except three hundred acres thereof which I give and bequeath unto my son Luke Gardner to him and his heirs forever injoining my son Luke Gardner to take his said three hundred acres of land on the west side of ---------- branch running by the said tract of land called St John's unto the head of St Clements Bay but at which end of the said land the said Luke Gardner please to take it. Item I give and bequeath unto my son John Gardner all my right title and interest in a tract of land lyeing at the head of St Clements Bay called St John's Landing to him & his heirs forever. Item I give and bequeath unto my son Luke Gardner all that tract of land of mine lying near the head of Chaptus Bay-called Hillilee and the landing by Chaptus Bay called Gardners Landing containing about two acres of ground with all the marsh that lyeth opposite to the said two acres called Gardners Landing to him and his heirs forever. Item I give and bequeath unto my son Luke Gardner to him & his heirs forever all that tract of land of mine called Gruindite with the Iland thereunto belong in Scitucite lying and being in Charles County near Matteiwoman: Item I give and bequeath unto my youngest son Thomas Gardner to him and his heirs forever all that tract of land of mine that lyoth up the branch of Piscidaway Creek the which I have a warrt. to resurvey and to make it up eight hundred acres and likewise my half of a tract of land that is betwixt my brother in law Mr Teichary ---- and F. to him and his heirs forever. Item my will is that immediately after my debts that I owe and my lega---- aforesaid are paid that then my ever loving wife Elizabeth Gardner and my four sons-Richard, John, Luke and Thomas Gardner make-choices of four sober honest men of their relations which shall divide all my personal effects whatsoever that they can or may come to the knowledge of into 
five equal parts all Except that here afore mentioned the which I have given unto my son Richard Gardner-Item my will is that immediately after the division of my personall estate and afd (aforesaid) that my everly loving wife Elizabeth Gardner have her fifth of my personal estate the which I give and bequeath unto her forever and that my eldest son Richard have immediately his part being the fifth part of my personal estaet so divided as afore mentioned the which I give and bequeath unto my three sons John Gardner, Luke Gardner and Thomas Gardner to each and every of them his fifth part of my personall estate divided as aforesdaid to them and their heirs forever. Item my will is that my children be not at age untill they attain unto the age of eighteen years and that they be not of age to sell or give any part or parcell of land untill they attain unto the age twenty and five years. Item my will is taht each of my sons know his own particular estate but not to possess any part of his estate until he attain unto the age of eighteen years and to to dispose of or sell any part of his land untill he attain unto the age of twentyfive years of age. Item my will is that if any of my aforesaid children should chance to dye before he attain unto the age of eighteen years that then his part of land and goods shall be equally divided amongst the rest of his brothers which are ------ to them and their heirs forever. Item I do constitute and appoint my son Richard Gardener overseer over the estate of my son Thomas Gardner in the behalf and for the pro--- of him the said Thomas Gardner until the said Thomas Gardner attains unto the age of eighteen years and then the said Thomas to have his estate in his own possession. Item I do constitute and appoint my son John Gardner oversser over the estate of my son Luke Gardner when my son John Gardner do attain the age of eighteen years and that then the oversee and manage his said brother Luke Gardners estate until his said brother Luke Gardner do attain unto the age of eighteen years and then his said brother to have his estate in his own possession. Item my will is that my ever loving wife Elizabeth Gardner and my son Richard Gardner be guardians over the estates of my sons John and Luke Gardner for and in the behalfe and prof----- of them the said John and Luke Gardner until my said son John Gardner attain unto the age of eighteen years and then the said John Gardner to have his estate in his own possession and be guardian over his brother Luke Gardner as aforesaid. Item my will is that my three sons John, Luke and Thomas Gardner -------- at school and have such education as this countrey and their estates will afford them-untill they successively attain unto the age of eighteen years. Item my will is that if in la-- my eldest son Richard Gardner should dye before my youngest son Thomas Gardner cometh of age that then the next eldest son with his mother shall be guardians over the younger and so successively and if the mother and all the elder brothers should dye before the younger come to the age aforesaid then I constitute and appoint my brother in law Major Thomas Brooke guardian over my said youngest son Thomas Gardner and if in la-- my brother in law Major Thomas Brooke should dye before my youngest son come to the age afd then I appoint Thomas Brooke the eldest son of my brother in law Major Thomas Brooke to be guardian over the estate of my youngest son untill he attain unto the age of eighteen years.
Sealed Luke Gaardner
Item my will is and I command all my children that they be obedient to their mother and to ask her advice in all their undertakeings that are of any consequence and if any differences should arise amongst them that they ----------- sober ---------- among their own relations to end all differences betwixt them that in no way's they go to law one with another.
Item my will is that if any of my children before be cometh unto the age of twenty and five years should prove irrevent and stubborn and change his religiion that he be no Roman Catholick that then that part of his land and goods that doth appear of what I gave him shall be divided equally amongst his brothers to them and to their heirs forever.
Item my will is that if my sons should chance all to dye before they come to age then I give and bequeath unto my everloving wife Elizabeth Gardner all my land and half the moveables belonging before to my said children to her forever and the other half of the moveables to be given as followeth (viz): one monity to the church the other monity to poor people such as my said wife shall think convenient to give it unto-and if my wife and children should all be dead before any of my children shall come to age then I give and bequeath all my land aforesaid unto my brother in law Major Thoms Brookes his children and the half of my moveable unto my god daughter Mary Brooke and the other half of my moveable to be divided as followeth (viz): one monety to the Pastor of Newtown Church and the pastor of St Mary's Church the other moneity to be divided amongst poor people to whom the said Pastors shall ---------- Testimony of this my last will and testament I hereunto put my hand and seal the fourth day of December in the year of our Lord God one thousand six hundred seventy and three -- -- --- Luke Gardner Sealed
Sealed Signed and published in the presence of
Robert Carvile
Clement Hill
Elizabet Rider
Richard T. Lankfores mark
And the said Robert Carvile further made oath that upon the sixth day of July ----- affidavit (viz): whereupon the judge here considreed that there being no executor in the will named, the said Luke Gardnder was dead as intestate and therefore ordered letters of sd --- to Elizabeth the widow of the said Luke to be committed and that Majr Thomas Brookes, Zachary Wade, William Hatton and Randall Hanson or any two of them be appraisers of the said estate and that Benjamin Solley or John Stone Gentl. do swear them and in regard Elizabeth the widdow of the said Luke is unable to travaile so fare as St Mary's ordered further that commission issue to Thomas Notley and Benjamin Solley Gentl to administer unto her the Oath of adm. and t